New Hampshire Attorneys Mcgrath Law Firm Concord NH

Efficiency, Excellence of Work Product, Zealous Representation

Replevin is heaven!

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Replevin is heaven – or in our case this week, dog heaven! 

What is replevin?

In New Hampshire an action exists for special cases to recover personal property wrongfully taken or detained.  It can be filed in the Superior Court or District Court, on condition that the value of the property is within the jurisdictional limits of the court.  The Superior Court, unlike the District Court, has unlimited jurisdiction and any action may be brought before the Superior Court.

A Recent victory for McGrath Law Firm

Imagine this fact pattern, an elderly couple permit an occupant to reside at their home because they feel sorry for him.  He has a history of trouble maintaining a job, and is transient. The owners begin noticing several items disappearing within the home and asked the occupant to leave the premises.  The occupant leaves the premises, brings an ex parte petition for a restraining order so that the homeowner would not contact him again and with police assistance, removes his personal belongings from the home.  The occupant even removes the family dog, which he claims he has taken care of.

A final hearing on the restraining order and domestic violence issues is held. The Court dismisses the occupant’s petition for domestic violence and restraining order. However, the District Court Judge will not rule on the return of personal items, including the dog.  The dog is considered personal property.  The homeowners were quite upset as they had adopted the dog from a shelter many years earlier.  The only recourse is a replevin action to return the personal property to the homeowner.  The McGrath Law Firm, had a case recently like this and the court ordered the dog and other personal property to be returned to the homeowner within 10 days.

A replevin action is considered a specific performance action and the Court can enforce the return of personal property.  In the instant case, the dog was returned by civil standby at the McGrath Law Firm.  This is just one example why our long term clients keep coming back to the McGrath Law Firm.  We were happy to assist our long-term clients with the return of their dog and other personal property as we know this was important to them.

Contact us!

The legal team members at the McGrath Law Firm, founded by attorney Peter McGrath, former federal prosecutor, will walk you through every step of the challenging legal matter to address your concerns and achieve your goals as efficiently as possible.  From civil litigation, personal injury, Collaborative Law, Family Law, foreclosure prevention, criminal defense, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of Family Law. Call us to schedule your consultation at (603) 224-7111.

How do you hold title?

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How do you hold title?  

Most married couples hold title to their property as joint tenants with rights of survivorship.  What does this mean?  In short, joint tenants with rights of survivorship is simply defined as equal undivided shares in the ownership of real or personal property and upon death those shares the shares pass entirely to the survivor(s). In order to form a joint tenancy with rights of survivorship in real property, it must be so stated on the deed. Simple, right?

It is not that simple if we change the situation. What happens if two couples own real property together as joint tenants with rights of survivorship?  For our purpose we will call them couple A and couple B.  Couple A sells their interest to another party without Couple B’s knowledge – does that sever the joint tenancy between Couple A and Couple B and convert ownership to a tenants in common situation with the new party?  The answer, believe it or not, is yes in New Hampshire!  That is because in joint tenancy the parties also have the equal and undivided right to transfer their interest. However, Couple B will remain in a joint tenancy situation between themselves.  Sound confusing?  It is!

Before you take title to a property, McGrath Law Firm encourages you to speak with your attorney and to determine the best form of ownership for your situation and also with an accountant to advise as to least tax consequences and avoid ending up in a situation similar to the parties above.

Contact us!

The legal team members at the McGrath Law Firm, founded by attorney Peter McGrath, former federal prosecutor, will walk you through every step of the challenging legal matter to address your concerns and achieve your goals as efficiently as possible.  From civil litigation, personal injury, Collaborative Law, Family Law, foreclosure prevention, criminal defense, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of Family Law. Call us to schedule your consultation at (603) 224-7111.

Injunctive Relief, what is it?

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Injunctive Relief Requirements

When one thinks of civil litigation they often focus on the monetary aspect of a lawsuit.  This is often not the only relief sought in litigation. There is also injunctive relief. In New Hampshire there is a standard for granting injunctive relief, which requires that:

(1) he or she is likely to succeed on the merits;
(2) there is a present threat, based upon a lack of an adequate, alternative remedy at law, of irreparable harm to the petitioner of the court does not grant injunctive relief;
(3) the potential harm to the petitioner outweighs any harm to the party or parties who would be enjoined; and
(4) the public interest would be served by granting the injunction.

There are many reasons one would want to seek injunctive relief. If grounds permit, it is likely a preliminary injunctive would be granted. It is important to note, preliminary is temporary and would require the need for immediate relief to be granted.

Examples of some cases involving injunctive relief include foreclosure prevention, harassment, boundary, tree cutting disputes, and, voter ballot recounts (i.e., the 2000 Bush presidential election year controversy in Florida).

Fortunately, for our office, like the old phrase “beauty is in the eye of the beholder”, this holds similar to injunctive relief only that beholder is the Judge.  The Judge’s opinion is critical when requesting an injunction.  Moreover, the argument being presented must be precise and well delivered in order to be successful.  McGrath Law has been very successful in obtaining an injunction, even with no rabbit to pull out of a hat!

Contact us!

The legal team members at the McGrath Law Firm, founded by attorney Peter McGrath, former federal prosecutor, will walk you through every step of the challenging legal matter to address your concerns and achieve your goals as efficiently as possible.  From civil litigation, personal injury, Collaborative Law, Family Law, foreclosure prevention, criminal defense, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of Family Law. Call us to schedule your consultation at (603) 224-7111.

Meet legal team member, Leeann – Paralegal at McGrath Law!

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Meet the legal team Tuesdays continues with Leeann, a Paralegal at McGrath Law

Leeann is originally from California but has been a New Hampshire resident for over 35 years. 

Leeann has over 25 years of legal experience as a legal assistant and paralegal.  She uses that experience to deliver efficient document productions and assist our clients in all aspects of litigation from initial investigations to discovery and trial.  Leeann is skilled at working with clients to minimize business disruption while ensuring timely and efficient document production.   She provides superior support for the team. She assists both attorneys and clients in navigating through the complexities of legal filings.

Leeann has been a member of the McGrath team for over three years.  Prior to that she has worked for the New Hampshire Department of Labor Commission as well as some of the biggest firms in New Hampshire.   She has significant experience in civil litigation, workers’ compensation, personal injury, family law, estates, collection, and bankruptcy, to name a few.

In her time away from the office she is an avid reader, loves the Red Sox and New England Patriots and traveling.

Paralegals must obtain passion and skills!

Leeann’s passion for justice and past experience is an asset to attorneys and clients during lengthy and arduous legal proceedings.  Leeann and the paralegals at McGrath Law not only have compassion, but also the skills to assist the attorneys in achieving the best possible outcome on your matter.  Certainly, Leeann is someone you would want on your legal team!

Contact us!

The legal team members at the McGrath Law Firm, founded by attorney Peter McGrath, former federal prosecutor, will walk you through every step of the challenging legal matter to address your concerns and achieve your goals as efficiently as possible.  From civil litigation, personal injury, Collaborative Law, Family Law, foreclosure prevention, criminal defense, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of Family Law. Call us to schedule your consultation at (603) 224-7111.

Review your contracts – home improvements could get costly

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What is the law if a home improvement contract or contractor fails to provide the services advertised or contracted for?

It’s springtime and lots of home improvements are being performed.  It is important for the homeowner and contractor to have a written agreement in place that spells out all details of the project.

Both homeowner and contractor should review their contracts as home improvements could get costly if you don’t protect yourself.  Homeowners hire contractors to do home improvements such as install decks, additions, roofing, siding, or to make other improvements on their home.

Specifically, when the project begins and when it should be completed are important concerns.  Further, the contract should state when payments shall be made during the course of the project, i.e., 1/3, 1/3 and 1/3 at different stages of the contract.  It is very important that your contractor be responsible for consulting with the town and obtaining the necessary permits for the project.

 

A town would normally require that a building inspector inspect the project after it is completed. A good contractor will be familiar with the building industry standards, Town and State regulations.

If the contractor is installing special roofing, siding, or other products, the homeowner will want to have in their contract language that states that they will install the product in accordance with the manufacturer’s product specification, in addition to the building industry standards. Normally, the product manufacturer has stricter requirements than town, state and building industry specifications.

There should also be further provisions in the contract, among others, specifying a warranty on labor and a warranty on the product installed.  Obtaining at least a five (5) year warranty on labor is recommended.

What happens if the deck or addition is not constructed according to the contract and industry standards?

In a case involving repairs, a good contractor will put together a “punch list” of items to correct, which is not uncommon on any project. The homeowner and contractor do in fact have an obligation to work together.  Pursuant to RSA 359-G Residential Construction Defects, before any action is commenced the homeowner must provide a notice of claim to contractor no more than 60 days from initiating an action stating the construction defects and the result of the defect.

Further, the homeowner is required to provide the contractor with any evidence of the nature and cause of the construction defect. Within 30 days of the notice of claim by the homeowner, the contractor should offer to settle the claim by monetary payment, make repairs, or a combination of both without inspection.  The contractor can also propose to inspect the residence that is the subject of the claim or reject the claim.

If inspection is requested, the homeowner is required within 15 days to provide complete access to the residence to inspect the defects.

If the contractor is unreasonable and will not work with the homeowner, then the homeowner will be entitled to bring an action for breach of contract and/or related claims, and a consumer protection violation under RSA 358-A for deceptive conduct or practice in the trade.  The claim may result in enhanced penalties 2-3 times the amount of the judgment, plus legal fees.

Communication between the parties is key!

On the other hand, having recently defended a successful construction defect case, a contractor was successful in proving to the court that the contractor went out of his way to make the repairs. The homeowner refused to allow the contractor back to schedule repairs, adding years of wear and tear to the damage, which the contractor was not responsible for.  The contractor also gave the homeowner a five year warranty on labor which he was willing to honor through the trial in that action.

It would be practical to provide in a contract that states in the event of a dispute the parties agree to non-jury arbitration sponsored by the Better Business Bureau which has a quick and excellent forum for resolving such disputes if the claim is not excessive and punitive.

 

Contact counsel to learn your rights!

McGrath Law Firm recommends that before entering into any contract, you have the contract reviewed by one of our attorneys who are experienced with construction defect claims.
If a claim is made, that claim should be made through counsel. It may be very confusing for any party to handle a claim without an experienced attorney.  McGrath Law Firm can help prepare your claim and presentation of your evidence at trial.

The legal team members at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging legal matter to address your concerns and achieve your goals as efficiently as possible.  From civil litigation, personal injury, Collaborative Law, Family Law, foreclosure prevention, criminal defense, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of Family Law. Call us to schedule your consultation at (603) 224-7111.

Meet McGrath Law Firm Legal Team Member, Office Administrator

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Meet McGrath Law Firm Legal Team Member, Office Administrator/Personal Injury Paralegal

McGrath Law Firm legal team member Darlene is a native of New Hampshire.  Shortly after graduating high school Darlene attended The Thomas School in Concord, New Hampshire where, upon graduation, she became the Executive Assistant to the Director and founder of the Thomas School, as well as one of the instructors. After four years of employment at the school, Darlene took a position at a law firm in Concord, New Hampshire as a paralegal. It was at that time that Darlene decided she wanted to continue to work in the legal field as her career.

Darlene has been working in law offices as a paralegal, and bookkeeper for over 27 years. She has been a legal team member at the McGrath Law Firm for 16 of those 27 years, where she started as a paralegal with a background including divorce, civil litigation, collections, and personal injury. She is now the firm’s personal injury paralegal and Office Administrator for the New Hampshire Office.  In addition, Darlene assists Attorney Peter McGrath overseeing office administration duties and personal injury claims in the South Carolina Office.

To better herself and assist in her profession, Darlene has attended seminars regarding collections, trust accounting, personal injury, leadership, coaching and mentoring.

When she is not at work, Darlene enjoys spending time with her family, reading, and trips to the ocean.

Contact us!

The legal team members at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging legal matter to address your concerns and achieve your goals as efficiently as possible.  From civil litigation, personal injury, Collaborative Law, Family Law, foreclosure prevention, criminal defense, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of Family Law. Call us to schedule your consultation at (603) 224-7111.